Authorizing the Exercise of Authority Under Public Law 85-804, 21735-21736 [2020-08394]

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• Executive Office of the President

[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Presidential Documents]
[Pages 21735-21736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08394]




                        Presidential Documents 



Federal Register / Vol. 85 , No. 75 / Friday, April 17, 2020 / 
Presidential Documents

[[Page 21735]]


                Memorandum of April 10, 2020

                
Authorizing the Exercise of Authority Under 
                Public Law 85-804

                Memorandum for the Secretary of Veterans Affairs

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, I hereby direct the following:

                Section 1. On March 13, 2020, I declared a national 
                emergency recognizing the threat that the ongoing 
                outbreak of COVID-19, the disease caused by the novel 
                (new) coronavirus known as SARS-CoV-2 (``the virus''), 
                poses to the Nation's healthcare systems. I also 
                determined on the same day that the COVID-19 outbreak 
                constitutes an emergency, of nationwide scope, pursuant 
                to section 501(b) of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 
                5191(b)). On March 18, 2020, I declared that health and 
                medical resources needed to respond to the spread of 
                COVID-19 meet the criteria specified in section 101(b) 
                of the Defense Production Act of 1950 (50 U.S.C. 
                4511(b)), including that they are essential to the 
                national defense.

                Sec. 2. The Secretary of Veterans Affairs is authorized 
                to exercise authority under Public Law 85-804, as 
                amended (50 U.S.C. 1431 et seq.), to the same extent 
                and subject to the same conditions and limitations as 
                the head of an executive department or agency listed in 
                section 21 of Executive Order 10789 of November 14, 
                1958 (Authorizing Agencies of the Government to 
                Exercise Certain Contracting Authority in Connection 
                with National-Defense Functions and Prescribing 
                Regulations Governing the Exercise of Such Authority), 
                as amended, with respect to contracts performed in 
                support of efforts by the Department of Veterans 
                Affairs to combat the virus. This authority may only be 
                exercised with regard to transactions directly 
                responsive to the COVID-19 national emergency.

                Sec. 3. The Department of Veterans Affairs is 
                exercising functions in connection with the national 
                defense in the course of contributing to the Nation's 
                response to the ongoing outbreak of COVID-19. I deem 
                that the authorization provided in this memorandum and 
                actions taken pursuant to that authorization would 
                facilitate the national defense.

                Sec. 4. This memorandum shall terminate on September 
                30, 2020.

                Sec. 5. (a) Nothing in this memorandum shall be 
                construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.

[[Page 21736]]

                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

                Sec. 6. You are authorized and directed to publish this 
                memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, April 10, 2020

[FR Doc. 2020-08394
Filed 4-16-20; 11:15 am]
Billing code 8320-01-P